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City of Colorado Springs v. Climax Molybdenum Co.

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Before KELLY, EBEL, and LUCERO, Circuit Judges.

In this water law litigation, Climax Molybdenum Company (“Climax”) appeals the district court’s denial of its motion to intervene in a set of consolidated cases over which the district court retained jurisdiction after first deciding them more than fifty years ago. The appeal presents an issue of first impression in this circuit: whether a proposed intervenor may establish standing, and thus federal court jurisdiction over its motion to intervene, by “piggybacking” on the standing of an existing party to a lawsuit over which the district court has retained jurisdiction but within which there is no current, active dispute among the parties.

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